Bill Text: CA SB972 | 2021-2022 | Regular Session | Amended
Bill Title: California Retail Food Code.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2022-09-23 - Chaptered by Secretary of State. Chapter 489, Statutes of 2022. [SB972 Detail]
Download: California-2021-SB972-Amended.html
Amended
IN
Senate
April 27, 2022 |
Introduced by Senator Gonzalez (Principal coauthor: Assembly Member Carrillo) (Coauthors: Senators Durazo and Rubio) |
February 10, 2022 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would remove all criminal penalties for a violation of the code and would, instead, authorize the imposition of administrative fines for violations.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 113758 of the Health and Safety Code is amended to read:113758.
(a) “Cottage food operation” means an enterprise that has not more than the amount in gross annual sales that is specified in this subdivision, is operated by a cottage food operator, and has no more than one full-time equivalent cottage food employee, not including a family member or household member of the cottage food operator, within the registered or permitted area of a private home where the cottage food operator resides and where cottage food products are prepared or packaged for direct, indirect, or direct and indirect sale to consumers pursuant to this part. A “Class A” cottage food operation shall not have more than seventy-five thousand dollars ($75,000) in verifiable gross annual sales. A “Class B” cottage food operation shall not have more than one hundred fifty thousand dollars ($150,000) in verifiable gross annual sales. The gross annual sales for a “Class A” or “Class B” cottage food operation shall be annually adjusted for inflation based on the California Consumer Price Index. Transactions at a compact mobile food facility shall not count toward the annual gross sales restrictions. A cottage food operation includes both of the following:SEC. 2.
Section 113814.1 is added to the Health and Safety Code, to read:113814.1.
“Integral” means equipment that is either permanently attached to the primary unit or equipment that is securely fastened to the primary unit by means that would prevent unintentional removal. Equipment may be considered integral despite being portable or otherwise removable for cleaning, maintenance, or as part of its regular function.SEC. 3.
Section 113818 of the Health and Safety Code is amended to read:113818.
(a) “Limited food preparation” means food preparation that is restricted to one or more of the following:SEC. 4.
Section 113825 of the Health and Safety Code is amended to read:113825.
(a) “Microenterprise home kitchen operation” means a food facility that is operated by a resident in a private home where food is stored, handled, and prepared for, and may be served to, consumers, and that meets all of the following requirements:(7)
(b)
(c)
SEC. 5.
Section 113831 of the Health and Safety Code is amended to read:113831.
(a) “Compact mobile food facility” means a nonpermanent food facility that operates from an individual or from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance.SEC. 6.
Section 113868 of the Health and Safety Code is amended to read:113868.
“Portable” means equipment that is capable of being lifted and moved or has utility connections that are designed to be disconnected or of sufficient length to permit the unit to be moved for cleaning, and does not exceed 100 pounds (46 kg) in weight or is otherwise designed to beSEC. 7.
Section 113947.1 of the Health and Safety Code is amended to read:113947.1.
(a) Food facilities that prepare, handle, or serve nonprepackaged potentially hazardous food, except temporary food facilities and compact mobile food facilities, shall have an owner or employee who has successfully passed an approved and accredited food safety certification examination as specified in Sections 113947.2 and 113947.3. There shall be at least one food safety certified owner or employee at each food facility. A certified person at a food facility shall not serve at any other food facility as the person required to be certified pursuant to this subdivision. The certified owner or employee need not be present at the food facility during all hours of operation.SEC. 9.SEC. 8.
Section 114069 of the Health and Safety Code is amended to read:114069.
(a) Only prepackaged nonpotentially hazardous food or uncut produce may be displayed or sold outdoors by a food facility if all of the following conditions are satisfied:(a)A food facility subject to Section 343(q)(5)(H) of Title 21 of the United States Code or subject to this section as it read on July 1, 2011, shall comply with the requirements of that section of the United States Code and the regulations adopted pursuant thereto.
(b)Notwithstanding the Sherman Food, Drug, and Cosmetic Law (Part 5 (commencing with Section 109875) of Division 104), and to the extent permitted by federal law:
(1)Enforcement of this section shall be made pursuant to Section 113713.
(2)A
violation of this section
is punishable by an administrative fine of not less than fifty dollars ($50) nor more than five hundred dollars ($500). A second violation within a five-year period from a prior violation shall be punishable by an administrative fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). For a third or subsequent violation within a five-year period, the administrative fine shall be not less than two hundred fifty dollars ($250) nor more than two
thousand five hundred dollars ($2,500). A food facility shall not be found to have committed a violation under this paragraph more than once during an inspection visit.
(c)Except for the civil penalties authorized by this section, this section shall not be construed to create or enhance any claim, right of action, or civil liability that did not exist under state law prior to January 1, 2009, or limit any claim, right of action, or civil liability that otherwise existed under state law prior to January 1, 2009. The only enforcement mechanism of this section is the
department or local enforcement agency, as set forth in Section 113713.
(d)This section shall become operative only on and after the compliance date specified in the federal regulation implementing Section 343(q)(5)(H) of Title 21 of the United States Code.
(a)A retail food facility shall not sell or offer for sale after the “use by” date, infant formula or baby food that is required to have this date on its packaging pursuant to the federal act, as defined in Section 109930, and federal regulations adopted pursuant to the federal act, including, but not limited to, Section 107.20 of Title 21 of the Code of Federal Regulations.
(b)A retail food facility that violates this section is subject to an administrative fine of not more than ten dollars ($10) per day for each item sold or offered for sale after the “use by” date. The administrative fine shall be calculated based upon the number of days past the “use by” date that the product
is either found being offered for sale, or if the product is sold, the date of sale as established by evidence of the proof of purchase, including, but not limited to, a sales receipt.
(c)For purposes of this section, the following definitions apply:
(1)“Baby food” shall have the meaning given to “baby foods” in paragraph (c) of Section 407.81 of Title 40 of the Code of Federal Regulations.
(2)“Infant formula” shall have the meaning given in subdivision (z) of Section 321 of Title 21 of the United States Code.
SEC. 12.SEC. 9.
Section 114130 of the Health and Safety Code is amended to read:114130.
(a) Equipment and utensils shall be designed and constructed to be durable and to retain their characteristic qualities under normal use conditions.SEC. 13.SEC. 10.
Section 114217 of the Health and Safety Code is amended to read:114217.
(a) A potable water tank of sufficient capacity to furnish an adequate quantity of potable water for food preparation, warewashing, and handwashing purposes shall be provided for nonpermanent food facilities.(a)A permanent food facility shall provide clean toilet facilities in good repair for use by employees.
(b)(1)A permanent food facility shall provide clean toilet facilities in good repair for consumers, guests, or invitees when there is onsite consumption of foods or when the food facility was constructed after July 1, 1984, and has more than 20,000 square feet of floor space.
(2)Notwithstanding Section 113984.1, toilet facilities that are provided for use by consumers, guests, or invitees shall be in a location where consumers, guests, and invitees do not pass through food preparation, food
storage, or utensil washing areas to reach the toilet facilities.
(3)For purposes of this section, a building subject to paragraph (1) that has a food facility with more than 20,000 square feet of floor space shall provide at least one separate toilet facility for men and one separate toilet facility for women.
(4)For purposes of this section, the gas pump area of a service station that is maintained in conjunction with a food facility shall not be considered as property used in connection with the food facility or be considered in determining the square footage of floor space of the food facility.
(c)(1)Toilet rooms shall be separated by well-fitted, self-closing doors that prevent the
passage of flies, dust, or odors.
(2)Toilet room doors shall be kept closed except during cleaning and maintenance operations.
(d)Handwashing facilities, in good repair, shall be provided as specified in Sections 113953 and 113953.3.
(e)A city, county, or city and county may enact ordinances that are more restrictive than this section.
(f)(1)Except as provided in paragraph (1) of subdivision (b), a food facility that was constructed before January 1, 2004, that has been in continuous operation since January 1, 2004, and that provides space for the consumption of food on the premises shall either provide clean toilet facilities in good repair for
consumers, guests, or invitees on property used in connection with, or in, the food facility or prominently post a sign within the food facility in a public area stating that toilet facilities are not provided.
(2)The first violation of paragraph (1) shall result in a warning. Subsequent violations shall be punishable by an administrative fine of not more than two hundred fifty dollars ($250).
(3)The requirements of this section for toilet facilities that are accessible to consumers, guests, or invitees on the property may be satisfied by permitting access by those persons to the toilet and handwashing facilities that are required by this part.
SEC. 15.SEC. 11.
Section 114289.1 is added to the Health and Safety Code, to read:114289.1.
Notwithstanding any other law, a mobile food facility that sells only prepackaged, nonpotentially hazardous foods or whole raw fruits or vegetables is exempt from the requirements of this part.SEC. 16.SEC. 12.
Section 114295 of the Health and Safety Code is amended to read:114295.
(a) Except as specified in subdivision (b), all mobile food facilities shall operate in conjunction with a commissary, mobile support unit, or other facility approved by the enforcement agency.SEC. 13.
Section 114296 is added to the Health and Safety Code, to read:114296.
A mobile food facility that prepares raw meat, raw poultry, or raw fish shall meet all the requirements of this chapter relating to food storage, food counter space, and warewashing requirements.SEC. 17.SEC. 14.
Section 114297 of the Health and Safety Code is amended to read:114297.
(a) Mobile food facilities shall be cleaned and serviced at least once daily during an operating day.SEC. 18.SEC. 15.
Section 114313 of the Health and Safety Code is amended to read:114313.
(a) Except as specified in subdivision (b), a mobile food facility where nonprepackaged food is cooked, blended, or otherwise prepared shall provide a warewashing sink with at least three compartments with two integral metal drainboards.(1)
(2)
(3)
SEC. 19.SEC. 16.
Section 114314 of the Health and Safety Code is amended to read:114314.
(a) Handwashing sinks and warewashing sinks for unenclosed mobile food facilities shall be an integral part of the primary unit or on an approved auxiliary conveyance that is used in conjunction with the mobile food facility.SEC. 20.SEC. 17.
Section 114315 of the Health and Safety Code is amended to read:114315.
(a) A mobile food facility shall be operated within 200 feet travel distance of an approved and readily available toilet and handwashing facility,SEC. 18.
Section 114326 of the Health and Safety Code is amended to read:114326.
All commissaries and other approved facilities servicing mobile support units, mobile food facilities, and vending machines shall meet the applicable requirements in this part and any of the following to accommodate all operations necessary to support mobile support units, mobile food facilities, and vending machines:SEC. 22.SEC. 19.
Section 114380 of the Health and Safety Code is amended to read:114380.
(a) A person proposing to build or remodel a food facility shall submit complete, easily readable plans drawn to scale, and specifications to the enforcement agency for review, and shall receive plan approval before starting any new construction or remodeling of a facility for use as a retail food facility.SEC. 23.SEC. 20.
Section 114381 of the Health and Safety Code is amended to read:114381.
(a) A food facility shall not be open for business without a valid permit.Notwithstanding any other provision of this part, a violation of any provision of this part or regulation adopted pursuant to this part is punishable only by an administrative fine. Except as otherwise provided in this part, each offense may only be punished by a fine consistent with subdivision (a) of Section 51039 of the Government Code, and those fines shall be subject to the applicable mandatory reductions based on an individual’s ability to pay as provided in paragraph (1) of subdivision (f) of Section 51039 of the Government Code. A violation of any provision of this part or regulation adopted pursuant to this part shall not be punishable as an infraction or misdemeanor, and the person alleged to have violated any of those provisions is not
subject to arrest except when independent grounds for that arrest exist under law.